Power to Regulate Interstate Commerce

Two components of the Shreveport doctrine

1. When interstate and intrastate commerce intertwine, Congress can regulate all activity that has close and substantial relationship to interstate commerce. 2. The commerce caluse can be used to regulate intrastate commerce that burdens interstate commercial activity

The Stream of Commerce Test

If a product has not reached its final destination, Congress can regulate it if the transaction obstructs interstate commerce even if the activity takes place within a given state.

Champion v. Ames (1903)

In this case, the court ruled that the power to regulate interstate commerce includes the power to prohibit items from interstate trafficking. (in this case it was lottery tickets, which were made illegal to move across borders)

Fear of commercial anarchy:

Lead to the Marshall Courts first attempt to articulate the national governments power to regulate commerce in Gibbons v. Ogdon (1824)

Who was in charge of regulating commerce under the Articles of Confederation?

Left to the states

Interstate Commerce Act of 1887

This act established a mechanism for regulating the nation's interstate railroads

Daniel v. Paul (1969)

Very expansive application of the Commerce Clause Concerned a private club that discriminated based on race. The Court held that the club operated in interstate commerce because: 1. it advertised in publications read by interstate travelers. 2. It leased paddleboats from a company out of the state 3. It owned a jukebox that had been manufactured out of state. 4. Items sold at the snack bar contained ingredients from out of state.

The Civil Rights Cases of 1883

The court limited the application of the 14th amendment only to the states

The Three Principles established in Gibbons v. Ogden

1. Commerce involves more than buying and selling - extends federal regulation of commercial intercourse and navigation 2 When Congress acts pursuant to the Commerce Clause, its acts are supreme if it conflicts with state power. 3. Federal interstate commerce does not stop at state boundaries. -Continues into interior of a state provided what is regulated is "in the flow" of interstate commerce -HOWEVER commerce within the state is reserved for the state.

Test for if Congress can invoke the Commerce Clause for regulation: Wheres this from?

1. If Congress finds that the acts done by the business are affecting commerce and 2. if the means to eliminate the acts are reasonable and appropriate. This was articulated in Heart of Atlanta Motel V U.S.

Heart of Atlanta Motel v. US

Commerce Clause power allows Congress to eliminate acts of private discrimination

Sherman Antitrust Act (1890)

Designed to break up monopolies that restrained trade.

Katzenbach v. McClung

Owner of a restaurant refused to seat blacks in violation of the Civil Rights Act of 1964. Result: Discrimination in restaurants posed significant burdens on interstate flow of food and movement of products. - commerce clause

Gibbons v. Ogden

The Marshall Court: 1. Established constitutional foundation still in place today 2. Gave expansive power to the National Government in commerce area 3. Established the three principles